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HERMAN v. TIDEWATER PACIFIC, INC.

Nos. 97-70664, 97-71105.

160 F.3d 1239 (1998)

Alexis M. HERMAN, Secretary of Labor, U.S. Department of Labor, Petitioner, v. TIDEWATER PACIFIC, INC.; Occupational Safety & Health Review Commission, Respondents. TIDEWATER PACIFIC, INC., Petitioner, v. Alexis M. HERMAN, Secretary of Labor, U.S. Department of Labor; Occupational Safety & Health Review Commission, Respondents.

United States Court of Appeals, Ninth Circuit.

Decided November 24, 1998.

Attorney(s) appearing for the Case

Ann Rosenthal and Ronald J. Gottlieb, United States Department of Labor, Washington, D.C., for the petitioner-cross-respondent.

Thomas H. Kiggans, Phelps Dunbar, Baton Rouge, Louisiana, for the respondent-cross-petitioner.

Before: WALLACE and KOZINSKI, Circuit Judges, EZRA, District Judge.

WALLACE, Circuit Judge:

The Secretary of Labor (Secretary) petitions for review of an Occupational Safety and Health Review Commission (Commission) order vacating in part a recordkeeping citation issued by the Secretary against Tidewater Pacific (Tidewater). Tidewater also petitions for review of the order, challenging the portion of the order that upheld a citation for substantive violations and the second part of the recordkeeping...

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